Under the Model Work Health and Safety Regulations
(Model WHS Regulations), specific duties relating
to plant safety are imposed upon a person conducting a business or
undertaking (PCBU) who manages or controls plant.
Separate obligations are imposed on those who:
The coverage of the Model WHS Regulations is wide and a number
of duty holders will have obligations under the Model WHS
Regulations. As an example, designers will be obliged to identify
potential hazards in plant during the design process and supply
information about this to manufacturers.
The principal duty imposed by the Model WHS Regulations will
require a PCBU to control risk in relation to the use and operation
What are the registration requirements under the Model WHS
The Model WHS Regulations introduce registration requirements
which are considerably more extensive that those which currently
exist in WA, Victoria and the ACT. Designers of certain types of
high risk plant (such as boilers and pressure vessels, tower cranes
and lifts) will be required to register designs with the regulator.
High risk plant must conform to relevant technical standards and
To ensure that specified items of high risk plant will be
inspected for safe operation prior to use, annual registration
requirements are also imposed upon PCBUs. PCBUs must annually
notify the regulator of plant maintenance in order to maintain
In addition, PCBUs will be required to keep records for a period
up to the life of certain plant, including records of inspections,
maintenance and alterations.
Specific types of plant including earthmoving machinery, cranes
and scaffolds, are subject to additional safety duties prescribed
by the Model WHS Regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).